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Technology hasn’t caught up to cannabis laws, Edmonton police say

EDMONTON—With a little more than three weeks to go before marijuana becomes legal from coast to coast, Edmonton police say new technology for detecting impaired drivers hasn’t quite caught up with the legislation.

Drivers who smoke and drive could soon find themselves veering into untested territory, as law enforcement hashes out how to test for impairment.

Sgt. Rob Davis of the Edmonton Police Impaired Driving Unit said police will not be using oral fluid testing devices to measure THC consumption during check stops in time for legalization. (Nadine Yousif / Nadine Yousif/StarMetro Edmonton)

Although the federal government earlier this summer approved a roadside device called the Drager DrugTest 5000 — which measures THC (tetrahydrocannabinol, the main psychoactive compound found in cannabis) — amphetamines, and cocaine levels in saliva, Edmonton police are still undecided about whether they’ll order the testers.

“The laws are still ahead of the technology at this time,” said Sgt. Rob Davis with the Edmonton Police Service’s impaired driving unit. He added police are in the process of evaluating the device and will be making a decision on purchasing it in the coming weeks.

He said that for now, EPS is training its officers to do what they’ve always done — conduct Standardized Field Sobriety Tests, which involve officers testing drivers on their ability to walk and turn in a straight line and stand on one leg, as well as checking their eyes.

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“It’s a quick, fast test that’s done right at the roadside, and if someone passes this test, it would be just like they provided a sample into an approved screening device,” Davis said.

If a motorist fails the test, the individual is transported to a police station to meet with a drug recognition expert, who will evaluate their state. A toxicology sample, either through blood or urine, would be taken afterwards, Davis said. If a motorist fails all the tests, charges would then be laid.

Davis said Edmonton police set aside $300,000 earlier this year for the Drager devices, but are unsure about purchasing them as they can only detect cannabis and cocaine consumption, Davis said. An ideal oral fluid testing device, he said, would detect other types of drugs as well.

Another issue with the Drager device, Davis said, is its functionality in cold climates. Most oral fluid testing devices have a built-in internal heater, but they are temperature-sensitive, posing a challenge during Edmonton’s cold winter months.

James O’Hara, president of Canadians for Fair Access to Medical Marijuana, said he applauds EPS’s decision to hold off purchasing oral fluid testing devices.

O’Hara said the link between impaired driving and blood-alcohol concentration levels measured by breathalyzers have been extensively studied, but levels of THC in relation to impairment are still widely debated, and have not been studied adequately in respect to medical use of cannabis. Because of this, O’Hara said he believes field sobriety tests are a better option to detect impaired drivers until the science can catch up.

“It’s a lesser of two evils, if you will,” he said.

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There will be 125 front-line Edmonton police officers who will be trained to do field sobriety tests as of Oct. 17, Davis said. The police force has around 1,800 front-line members in total, with a goal to train 33 per cent of those officers in the next five years.

Impaired driving rules are also expected to change this December with the implementation of Bill C-46 under federal jurisdiction. The new rules will allow police officers to conduct random roadside testing without any cause for suspicion. Drivers with a THC blood level above two nanograms, a unit used for measuring cannabis consumption, will also be charged without requiring further proof of impairment.

But despite the fast-changing laws and regulations, new drivers behind the wheel can expect their driving school materials to be outdated until further notice. Jaspal Badesha, owner and manager of Century Park Driving School in Edmonton, said the provincially administered curriculum hasn’t been updated for a number of years.

“I imagine we’ll be getting some sort of email or memo regarding that, but we haven’t as of yet,’ Badesha said. Drug-impaired driving is mentioned briefly in the materials now used, but no specific details have been updated on laws regarding cannabis, he said.

The Alberta Ministry of Transportation has not updated its Class 5 curriculum for drivers since 2012, said ministry spokesperson Julie MacIsaac via email. There are plans, however, to update the curriculum “once changes to the impaired driving laws in the Criminal Code of Canada are completed by the federal government,” MacIsaac said.

While Badesha waits for the curriculum to formally change, he continues to advise his students against impaired driving of all kinds — whether it’s cannabis, alcohol, or other drugs.

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